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New Jersey Allows Fraud Claims Despite Product Liability Law

July 30, 2020, 3:00 PM

New Jersey’s Product Liability Act doesn’t bar misrepresentation claims under a state consumer statute because the laws provide different protections and remedies, the state’s top court said Wednesday in a case involving an explosion at an ink plant.

The product liability law allows damages traditionally available in tort actions, such as remuneration for destroyed property, emotional distress, and loss of consortium, the New Jersey Supreme Court said.

The Consumer Fraud Act on the other hand entitles successful plaintiffs to treble damages, costs, and attorneys’ fees.

Ink manufacturer Sun Chemical Corp. purchased an explosion isolation and suppression system from Fike Corp....

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